nightclub negligence?

simpywimpy

Does anyone know where I can find out about what the rules are for operating a nightclub so I can see if there has been negligence?

I am thinking along the lines of cctv and doormen presence following an assault in a nightclub, we are wondering if the club itself is in anyway liable.

There was at the time a threat of closure unless they installed cctv as the club is on a number of floors some of which were unattended by security staff.

vicshippers

Unless it's specifically requested in their licence, I would doubt that doorstaff or CCTV is mandatory for any venue. It's normally an extra security measure that they choose to use.

What happened? Maybe with some more information, someone here could help.

simpywimpy

son was victim of unprovoked serious assault in nightclub on 3rd floor where there were no cameras or staff around. At the time it was threatened with closure either unless they installed or because they hadnt already installed, cctv.

What we want to find out is if the club is in anyway liable but I guess we would have to prove negligence before being able to claim against their insurance company

Brooker_Dave

simpywimpy wrote: »

son was victim of unprovoked serious assault in nightclub on 3rd floor where there were no cameras or staff around. At the time it was threatened with closure either unless they installed or because they hadnt already installed, cctv.

What we want to find out is if the club is in anyway liable but I guess we would have to prove negligence before being able to claim against their insurance company

Unless he got a slap from one of the staff or owners of the club, how could they possibly be liable?

simpywimpy

thats is the purpose of this thread if you refer to the initial post, I was asking about what rules there are regarding staffing and cctv. If the club should have had these things on that floor and did't - surely that is negligence

Brooker_Dave

simpywimpy wrote: »

thats is the purpose of this thread if you refer to the initial post, I was asking about what rules there are regarding staffing and cctv. If the club should have had these things on that floor and did't - surely that is negligence

All the cameras in the world won't stop some loon attacking someone, aren't you better off pursing the person responsible?

simpywimpy

I understand we couldnt have stopped it happening but if the club should have had that floor manned perhaps his injuries would not have been so severe

dacouch

In a legal case in the UK, as you pointed out you have to prove "Negligence", this is in effect means that the event could "Reasonably be avoided".

It can be difficult to prove negligence, if they had previous issues or warnings to have it installed this may help your case. You may have legal protection cover on your home insurance that may give free telepphone advice or pay for the legal costs in fighting the case if they feel you have a case. Alternatively try one of the no win no fee companies, they only take on cases they are confident of winning so this would give you an idea of your chances

Nightclubs generally have cctv for their own protection, to help in evidence in slip / trip claims etc and to act as a deterrent for fights and break ins.

Brooker_Dave

simpywimpy wrote: »

I understand we couldnt have stopped it happening but if the club should have had that floor manned perhaps his injuries would not have been so severe

Have the police been any help, did they catch the person who did it?

simpywimpy

thanks, its just we were given the impression after the event that because of previous problems of a similar nature, they were told to have cctv installed which we believe wasnt done until after this event. Who would have ordered this to be done?

If they were ordered to have it done previous to this and didn't, then I think we may have a possible case but wouldnt want to rock the boat by starting proceedings without something to base it on.

joolsybools

Have you reported the assault to the police?